Administrative Measures On International Tendering Eligibility Of Mechanical And Electrical Products

Original Language Title: 机电产品国际招标机构资格管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700370470.shtml

Administrative measures on international tendering eligibility of mechanical and electrical products

    (April 8, 2012, the Ministry of Commerce 2012 announced as of June 1, 2012, 3rd) Chapter I General provisions

    First to standardize the international bidding of electromechanical products market order, strengthen international tender agency qualification management of mechanical and electrical products, according to the People's Republic of China Law on bidding, the People's Republic of China administrative licensing law and the People's Republic of China bidding law implementing regulations and other laws and administrative rules and regulations, and relevant departments of the State Council on the implementation of tendering and bidding activities administrative oversight responsibilities, these measures are formulated.

    Second article this regulation is applicable in the People's Republic of China mechanical and electrical products within the territory of the international tender (hereinafter referred to as international bidding) proxy business qualification.

    Third international tender for electromechanical products in these measures (hereinafter referred to as the international tender Agency) refers to qualify for international bidding of electromechanical products (hereinafter referred to as international bidding qualification), enterprises engaged in international tender agency business.

The fourth international the qualification of tendering agencies of the Ministry of Commerce in charge of the national administration.

    All provinces, autonomous regions, municipalities, separately listed cities, Xinjiang production and construction Corps, coastal city mechanical and electrical products import and export administration departments of mechanical and electrical products import and export administration and the State Council (hereinafter referred to as local and departmental electro-mechanical Office) is responsible for the local area, international management of the qualification of tendering agencies working in this sector.

    Chapter II eligible and approved

Fifth international tender agency qualifications are divided into class a, class b and b.

Grade a international tender agency engaged in international tendering was not entrusted with the amount limits.

B international tender agency may engage in a one-time international tendering business of the principal amounts of less than $ 40 million.

B international tender agency may engage in a one-time international tendering business of the principal amounts of less than $ 20 million.

    International tender Agency cannot exceed the criteria set forth in the preceding paragraph in the procuratorial tender business, shall not alter, sell, lend, lease certificates. Initial eligibility criteria for international bidding of the sixth Enterprise (hereinafter the applicant) can only apply for the qualification of class b international bidding.

    International bidding qualification of pre-b apply once every two years.

Article the applicant apply for class b international bidding qualifications shall satisfy the following conditions:

(A) law in the People's Republic of China territory of registration of the enterprise;

(B) no subordinate relations with administrative organs and other State bodies or other interest; (c) not less than 5 million yuan of registered capital and (iv) has a fixed place of business and the facilities required to carry out international tendering business and working conditions;

(E) the preparation of tender documents and organizing bid major forces:

1, full-time in China bidding shall not be less than 30, with tender vocational qualifications, full-time instructor-level shall be not less than the tender 70% of the total number of employees;

2, engaged in mechanical and electrical products of domestic public tender open tender or procurement of mechanical and electrical products business for more than three years (excluding applications);

     3, nearly three years (excluding applications), mechanical and electrical products of domestic public tender bid amounts to government procurement public tender bid totals of electromechanical products reached 1 billion yuan;

    (F) tendering for nearly three years no other administrative supervision departments or departments in charge of government procurement administrative penalties.

Article the applicant apply for class b international bidding qualifications shall submit the following materials:

(A) the application;

(B) the business license (photocopy);

(C) the company's articles of Association and internal regulations (copy);

(D) full-time in China bid list (Schedule 1) and related material (copy): labor contracts, tendering vocational qualification certificates, certificates and social insurance payment vouchers;

(E) electro-mechanical domestic public tender open tender or procurement of mechanical and electrical products information list (Schedule 2), tender and project breakdown (table 3) and the following documents (copies):

1, the domestic bidding agent contract or agreement;

2, publicly available tenders (Government procurement projects should be provided in public procurement tender notices posted);

3, opening records;

4, winning notice;

    5, provision of performance of government procurement projects should also provide certification of government procurement agencies. Article before the applicant should declare on July 5 to local and departmental electromechanical newspaper send application materials.

    Local and departmental electromechanical products offices shall, within 5 working days from the deadline for submitting the application for an initial audit decisions and preliminary audit observations and preliminary examination of the application submitted to the Department of Commerce. The tenth Ministry of commerce within 15 working days from the date of receipt by the approach set out in the seventh condition make a decision on whether to grant international bidding qualifications of applicants. An applicant who meets the conditions specified in these measures, the Ministry granted pre qualification of class b international bidding, and bulletins, issued the international bidding qualification certificate (hereinafter certificate).

    Eligible to take effect from the date of issue of the certificate, valid until the next qualification verification results announcement date.

    When the 11th applicant eligibility criteria for international bidding, providing false information when the application is invalid.

    Chapter III eligibility verification 12th Ministry of Commerce and the local and departmental electromechanical products offices once every two years to international tender agency eligibility verification.

    From the date of eligibility for the international tender until the date of eligibility verification to apply for international tender in less than two years, be excused when qualified personnel. 13th international tendering should be the end of qualification certification in February of that year eligibility verification application materials are submitted to local and departmental electromechanical products offices conduct preliminary audits. Local and departmental electromechanical products offices should be the end of qualification certification in March of that year a preliminary audit observations and application materials are submitted to the Ministry of Commerce.

    The Commerce Department should be the end of qualification certification in April of that year the eligibility check is announced.

At the 14th international tendering eligibility verification, shall submit the following materials: (a) the eligibility verification report (to meet the promotion criteria, eligibility verification applications report application for qualification); (b) the business license (photocopy);

(C) international tender agency qualification certificate copy (photocopy);

    (D) the international bidding of electromechanical products the performance table (table 4).

15th grade a international tender agency two years accumulated performance meets one of the following conditions, eligibility verification, by:

(A) international tender bid amounted to us $ 160 million;

(B) completion of the international project packages up to 150;

    (C) international tender bid amounted to districts (provinces, autonomous regions, municipalities, separately listed cities, the same below) under general trade imports of electromechanical products in the same period of 15%.

16th international tender agency two years to level b performance in line with one of the following conditions, eligibility verification, by:

(A) international tender bid amounts to $ 100 million;

(B) complete the international tender package for the project up to 80;

    (C) international tender bid amounted to districts under general trade imports of electromechanical products in the same period of 10%.

17th international tender agency level b qualification two years performance in line with one of the following conditions, eligibility verification, by:

(A) international tender bid amounted to $ 60 million;

(B) completion of the international project packages up to 60;

    (C) international tender bid amounted to districts under general trade imports of electromechanical products in the same period of 2%.

18th serie b the following conditions can be made at time of qualification certification of the international tender b tender eligible applications, vetted and approved by the Ministry of Commerce, whose rank was promoted to Serie b, and by the Ministry of Commerce to exchange their certificates.

(A) the registered capital of 8 million Yuan;

    (B) two years to international tender bid amounted to 100 million dollars or two years to complete the international tender package for the project up to 80.

19th meeting the following conditions of Serie b, pre-b can be made at time of qualification certification of the international tender application for qualification of grade a tender, vetted and approved by the Ministry of Commerce, the grade promoted to the first division, and by the Ministry of Commerce to exchange their certificates.

(A) the registered capital of at least 10 million Yuan;

    (B) two years to international tender bid amounted to 160 million dollars or two years to complete the international bidding project packages up to 150. At the 20th international tendering eligibility verification, any of the following circumstances, international bidding qualifications be downgraded by the Ministry of Commerce to exchange their certificates.

But due to special reasons such as to protect national interests, it may be appropriate to relax the qualification verification standards:

(A) class a international tender Agency does not comply with the article 15th but subject to section 16th international bidding qualification down to Serie b; grade a international tender Agency does not comply with the article 15th, 16th, but subject to section 17th international bidding qualification level down to Serie b;

(B) class b international tender Agency does not comply with the article 16th but subject to section 17th international bidding qualification level down to Serie b;

    (C) due to international tender agency faults results in changes to the original bid results, grade a international tender agency two years to more than 8 times the drop to Serie b; b international tender agency two years to more than 7 times the drop to Serie b. 21st international tendering eligibility verification does not meet these measures article 17th international bidding results, or pre-class b international tender agency fault results in changes to the original bid evaluation results more than 6 times in two years, when the eligibility verification failed.

    But due to special reasons such as to protect national interests, it may be appropriate to relax the qualification verification standards.

22nd international tender agency fails to participate in the verification of qualifications, their credentials to expire automatically invalidated.

    For those who do not participate in the qualification certification of the international tender, the Ministry of Commerce will be published in the verification notice.

    23rd international tender Agency submits an eligibility verification materials submitted false materials, when the eligibility verification failed.

24th international tender agency within two years by international bidding on administrative supervision and administrative punishment, when the eligibility verification, depending on their gravity, not to upgrade, downgrade, or not by qualified personnel.

    International tender agency within two years on the other bidding administrative supervision departments or Government procurement authorities suspend or cancel the tender agent administrative punishment, been demoted or not when the eligibility verification by qualified personnel.

25th international tendering of the article does not pass, the verification agency, from the date of when the qualification verification result announcement may not continue to carry out international tendering business, have the record except for the tender.

    Not through international tender agency eligibility verification, qualification certificates expire automatically, and eligibility verification within one month from the date of the announcement of the result returned to the certificate.

    Fourth chapter of the international tender agency changes

26th international matters such as the tender name, registered address changes shall happen within 30th of the following materials, electromechanical products offices after verification by the local, departments, to the Ministry of Commerce to request replacement certificate: (a) the certificate request;

(B) certificate of original and copy;

    (C) the business license (photocopy), proof of such qualifications change-related material.

    27th international tender agency merger, Division, major changes lead to substantial changes in the original should be re-eligibility criteria for international bidding.

    28th International tender Agency of bankruptcy or dissolution, since the company registration authority for cancellation of registration certificate void.

    The fifth chapter legal liability

29th international tender Agency any of the following acts, given a warning and fines of between 30,000 Yuan:

(A) alter, sell, lend, lease certificate of eligibility;

    (B) in the application of international tendering eligibility or submit the qualification of verification provides false materials.

30th international tender Agency any of the following acts, fined a maximum of 50,000 yuan and more than 250,000 yuan, directly responsible for unit managers and other persons subject to a unit amount of 5% up to 10% the fine has illegally obtained, and shall confiscate the illegal income in serious cases, suspend or cancel its international bidding qualification:

(A) colluded with the tenderer false bids;

(B) disclosure of confidential and tendering and bidding activities relating to information and data;

    (C) collude with the bidder the tender business, technical and substantive changes to the price.

    The 31st international bidding for dereliction of duty, favoritism or abuse of the oversight bodies, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

    The sixth chapter supplementary articles

    32nd article this way by the Ministry of Commerce is responsible for the interpretation. 33rd article this way come into force on June 1, 2012. 

    The international tendering eligibility rules on mechanical and electrical products (Ministry of Commerce [2005] 6th) repealed simultaneously.

Schedule 1: list full-time bid in China
Date of filling:
┌───┬────┬────┬────┬────┬────┬────────┐
│ │ │ │ Ordinal name age title of degree │ │ │ comments │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
├───┼────┼────┼────┼────┼────┼────────┤
│      │        │        │        │        │        │                │
                                              └───┴────┴────┴────┴────┴────┴────────┘

Name (signature):

Appendix 2: list of domestic public tender performance of electromechanical products
Currency unit: million of filling:
┌──────┬──────┬──────┬──────┬─────────┐
│   年  份   │            │            │            │      累  计      │
├──────┼──────┼──────┼──────┼─────────┤
│委托项目个数│            │            │            │                  │
├──────┼──────┼──────┼──────┼─────────┤
│委托金额    │            │            │            │                  │
├──────┼──────┼──────┼──────┼─────────┤
│中标金额    │            │            │            │                  │
├──────┼──────┼──────┼──────┼─────────┤
│备注        │            │            │            │                  │
                                              └──────┴──────┴──────┴──────┴─────────┘

Name (signature):

Appendix 3: mechanical and electrical products of domestic public tenders project breakdown
Currency unit: million of filling:
┌───┬─────┬────┬────┬────┬────┬────┬───┐
│ Tender │ │ │ tender number project name the entrusted amount │ tender │ Chinese │ Chinese │ bid amount amount rate │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
├───┼─────┼────┼────┼────┼────┼────┼───┤
│      │          │        │        │        │        │        │      │
                                              └───┴─────┴────┴────┴────┴────┴────┴───┘

Name (signature):

Table 4: the international bidding of electromechanical products information list
Currency unit: million dollar date:
┌──────┬───────┬─────┬─────────┬───────┐
Year │ │ │ │ bid bid amount number amount bid package share (%) │ effective number of questioned │
├──────┼───────┼─────┼─────────┼───────┤
│            │              │          │                  │              │
├──────┼───────┼─────┼─────────┼───────┤
│            │              │          │                  │              │
├──────┼───────┼─────┼─────────┼───────┤
│   合  计   │              │          │                  │              │
 └──────┴───────┴─────┴─────────┴───────┘
                                              
                                                 * Bid amount means: international tender bid amount under general trade imports of electromechanical products in the region; Name (signature):